When it comes to New York state penal law, the letter of the law can seem a bit complicated, or even downright confusing. So let’s get into a few of what are considered to be the “anticipatory offenses” in New York penal law.
When it comes to criminal solicitation in the fifth degree, someone’s considered to be guilty when they have the intent to engage in conduct that might be considered a crime with another person, and then go ahead and solicit, command, request, importune, or really in any other way try to cause this other person to engage in this sort of criminal conduct. Criminal solicitation in the fifth degree is considered to be a violation.
Now for conspiracy in the sixth degree, someone is considered guilty when they agree with one or more people to either engage in or do what’s called “causing the performance” of this criminal conduct with the intent that this sort of criminal conduct actually be carried out. Conspiracy in the sixth degree is actually considered to be not a violation, but in fact a class B misdemeanor.
For this section of attempting to commit a crime, you’ll be considered guilty when you engage in conduct which is considered to actually effect the commission of a crime. And again, this must be done with the intent to commit a crime to actually be considered as criminal behavior.
Now we’ll be getting into the various degrees of criminal facilitation. For the fourth degree of this offense, this constitutes when someone intends to commit a crime and engages in conduct that will provide the person who’s committing the act with either the means or opportunity to commit this act, and also if it’s going to aid the person to commit a felony, all of this when the person in question believes that they’ll be receiving some sort of help in the commission of their crime. Another way this works is when someone engages in some sort of criminal conduct with someone under the age of sixteen, again, with the intention of actually engaging in some sort of criminal conduct. This is considered to be applicable when the person in question is over eighteen and engages in conduct that’ll provide this younger person with either the means or opportunity to commit the crime, and something that aids this person to commit the crime. This charge is considered to be a class A misdemeanor.
Now for the third degree of criminal facilitation, this applies to someone who’s over eighteen giving some sort of help to someone who’s under the age of sixteen engage in some sort of criminal behavior, as long as this person believes it’s probable that they’re doing so. What sets this one apart is that the person in question would be providing the younger person with the means or opportunity to commit a felony. This charge is a class E felony.
Someone’s guilty of criminal facilitation in the second degree when they engage in some sort of conduct that provides someone who’s trying to commit a class A felony with the means, or else the opportunity to do so. Criminal facilitation in the second degree is considered a class C felony.
And finally, for criminal facilitation in the first degree, this is when someone over the age of eighteen helps someone under sixteen to commit a class A felony. As I’m sure you’ve guessed by now, this only applies when the person who’s rendering the aid believes that it’s probable that they’re doing so. This charge is a class B felony.
While the letter of the law can at times seem complicated or confusing, it doesn’t always have to be.
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